Criminal Reconciliation Practice To Explore The Procuratorial Organs

Criminal settlement system since the1960s, was introduced in China since the judicial practice, has been a pilot, marketing for many years, which is full of controversies and doubts. With the January20131, granted entry into force of the Criminal Procedure Law, the parties reconciliation Public Prosecution proceedings are officially implemented in practice. Special procedures as a criminal, is separate provision in the new Code of Criminal Procedure V, Chapter.Through the new Code of Criminal Procedure Article277, Article278and Article279provisions of initial construction of the three parties to the settlement of public prosecution proceedings before the criminal settlement system is limited by the private prosecution case extended to a range of public prosecution case. However, due to the prudential legislation, the new Criminal Procedure Law to build on this program just made some provisions in principle, which gives the judicial practice of prosecutors brought many difficulties. Although after the promulgation of the new Code of Criminal Procedure, high inspection rules, Supreme Court interpreted the provisions of the Public Security Ministry of criminal reconciliation procedure applies specifically to do a relatively detailed regulation, but on the prosecution in the settlement procedure applies when there are still many uncertainties.In this regard, the paper notes the use of normative jurisprudence and legal methods of analysis, complemented with a comparative law approach, through the interpretation of the concept of criminal reconciliation and analysis, the underlying value of the consideration of the system for the concept of restorative justice, and its pursuit the legal and economic benefits, social benefits harmonization among the three. In the clear criminal settlement system based on the value, and combined with our existing criminal procedure laws and regulations relating to criminal procedural provisions of reconciliation to criminal settlement system based on the value of the main line of criminal reconciliation summed up in applicable conditions, the formation of a settlement agreement and its effect on the relevant provisions of the law, and highlight the prosecution throughout the reconciliation process has played a role.On this basis, the prosecution in a criminal investigation should be the role of reconciliation. Among them, the role in the abstract, we should play the roles of the participants afterwards, its procedures for reconciliation with the end of the intervention; in the specific terms of reference, and should include informed, reconciliation review, reconciliation agreement making, right sentencing recommendations, discretion not to prosecute other specific powers, and prosecutors have the authority has justified, because these terms are derived from the core of the prosecution authority-the right to a criminal prosecution.Finally, this paper inspection bodies in the criminal reconciliation problems faced in practice are briefly described and analyzed, and on this basis, from the establishment of the applicable principles of criminal reconciliation, moderate expansion of the scope of applicable cases, focusing on reconciliation effect-explore tracking helpers system, give full play to "prosecutors butt" role, diversification of reconciliation some solutions to the problem and recommendations for improvement.